Criminological analysis of misconceptions about perpetrators and victims of Rape in the light of Cultural theory

Document Type : Research Paper

Authors

1 Department of Law, Faculty of Law, Islamic Azad University of South Tehran, Tehran, Iran

2 Associate Professor, Faculty of Law and Politcal Science, University of Tehran

10.22099/jls.2022.42842.4631

Abstract

In the analysis of rape, there are two different approaches: the first approach describes rape as "a crime motivated by the exercise of power and control over women under the influence of patriarchal social structures," and the other describes it as "a crime motivated by personal motivation to satisfying sexual needs". The latter approach has been shaped by the neglect of gender and social roles accepted by men and women as distinct social species; It is not surprising, then, that women's advocates emphasize the first view and view rape as a social phenomenon, not merely a biological one. This view, which seeks answers to why rape occurs in existing social and cultural factors, focuses part of rape research on rape myths. Rape myths, negative attitudes, and false beliefs about the crime of rape, rape victims, and perpetrators, all seek to justify rape and shift the burden of responsibility from the rapist to the victim. The present study, using analytical-descriptive method and gathering information required by the library method and reviewing rape cases, has attempted to enumerate these myths and explains how these beliefs and myths lead to the preservation of male domination and are influenced by values and The cultural norms that govern a society promote and perpetuate a culture of rape.

Keywords


Burnett, Ann (2016) “Rape Cultur”, In book: The Wiley Blackwell Encyclopedia of Gender and Sexuality Studies, North Dakota State University press.
Ferguson, Frances (1987) “Rape and the Rise of the Novel”. Representations, 20, pp.88–112.
Horos, Carol V. (1974) Rape, New Canaan: Tobey.
Loh, Catherine, et al (2005) “A Prospective Analysis of Sexual Assault Perpetration: Risk Factors Related to Perpetrator Characteristics”. Journal of Interpersonal Violence, Vol.20, No. 10, pp.1325–1348. 

Lonsway, Kimberly A, & Fitzgerald, Louise F. (1994) “Rape Myths: In Review”, Psychology of Women Quarterly, Vol.18, No.2, pp.133–164.
Martin, Elaine K, et al (2007) “A Review of Marital Rape”, Aggression and Violent Behavior, Vol.12, No.3, pp.329–347.
Orenstine, Aviva A. (1998) “No Bad Men: A Feminist Analysis of Character Evidence in Rape Trials”, Hastings Law Jornal, Vol.49, No.8, pp.663-716.
Patton, Trancey Owens, & Snyder-Yuly, Julie (2007) “Any Four Black Men Will Do: Rape, Race, and the Ultimate Scapegoat”, Journal of Black Studies, Vol.37, No.6, pp.859–895.
Planty, Michael, et al (2013) Female Victims of Sexual Violence, 1994-2010. U.S. Department of Justice Bureau of Justice Statistics.